Legal support for IPs to be bolstered

China will bolster intellectual property protection through legislative updates and regulatory improvements, a senior official said on Wednesday.

Shen Changyu, head of the China National Intellectual Property Administration, said the authority plans to further strengthen the legal framework supporting IP development this year, elevating protection standards to foster a more innovation-friendly environment.

Shen said the administration will push forward amendments to regulations on integrated circuit layout designs and accelerate revisions to the Trademark Law. A draft amendment to the law was submitted to the Standing Committee of the National People's Congress, China's top legislative body, for first review in December.

He also stressed the need for stronger IP protection in emerging sectors and for the swift establishment of rules governing data-related IPs.

Liu Bin, a lawyer who specializes in IP disputes at Beijing Zhongwen Law Firm, welcomed the planned legislative amendments. He said emerging sectors such as artificial intelligence, data, biomedicine and new internet applications have become focal points in recent years.

Liu said key challenges include determining ownership of AI-generated content and clarifying rights related to data circulation and use. Current regulations, he said, contain gaps or ambiguities over whether and how such content should be protected, issues that require urgent legislative and judicial clarification.

"Data has become a critical production factor, but without clear rules, it risks becoming a resource everyone wants to use but no one dares to use," Liu said.

He called it urgent and essential to establish data IP protection rules, suggesting policymakers clarify legal sources of data, define permissible uses and establish benefit-sharing mechanisms.

"These steps are crucial to protecting contributors' legitimate interests and encouraging enterprises to engage in data development and innovative applications," he added.

During the 14th Five-Year Plan period (2021-25), China made notable progress in strengthening its IP framework. The administration completed revisions to the Patent Law and its supporting regulations, creating a high-standard system for punitive damages against infringement. It also updated patent review guidelines to improve examination standards for emerging fields such as AI.

Official data shows the average examination period for invention patents was reduced to 15 months from 20 months at the end of 2020. The average review period for trademark registration has stabilized at four months, among the fastest worldwide.

From 2021 to 2025, China's stock of valid domestic invention patents surpassed 5 million, and the number of high-value invention patents per 10,000 people reached 16, exceeding targets outlined in the plan, the data shows.

caoyin@chinadaily.com.cn